Website Term of Use

Welcome to www.mdcrabfest.com (the "Website"), owned and operated by Trigger Agency, LLC ("We" or "Us" or equivalent pronouns). Upon use of the Website for any purpose, including but not limited to viewing the content on the Website, these terms of use (the "Terms of Use") constitute a contract by and between the person or entity browsing this Website ("You" or equivalent pronouns) and Us. Your use of the Website constitutes an agreement to these Terms of Use, Our Privacy Policy and Our Acceptable Use Policy. We do not consent to Your use of the Website unless You have agreed to these Terms of Use, therefore if You do not agree to these Terms of Use, immediately cease any and all use of the Website and make no use of any kind of the Website or any Information (defined below) on the Website in the future. You do not have permission to access this Website unless You agree to these Terms of Use, and You conform Your conduct to the terms and conditions herein.

Notice. We may change these Terms of Use and/or Our Privacy Policy at any time by posting revisions to Our Website. Your use and continued usage after such changes are posted constitutes acceptance of each of the revised Terms of Use and/or Privacy Policy. We encourage You to familiarize yourself with both policies. Our Website Privacy Policy may be found at a link for "Privacy Policy" or equivalent on the Website.

Introduction. Please read the following carefully before using this Website. By accessing this Website, You acknowledge, represent, warrant and covenant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the Website and use Information made available on the Website solely for Your own personal use, as more fully described below. You further covenant to comply with all applicable international, country, federal and state laws, rules and regulations with respect to Your use of the Website.

Copyrights and Limited License. All words, pictures, content, graphs, charts, data and other matters presented or made available on the Website sourced from Us are Our proprietary property and copyrighted "Copyright 2011 Trigger Agency, LLC" (the "Information"). We grant You a limited, royalty free, non-exclusive, revocable license to make use of the Information for Your own personal purposes only, and You are specifically not authorized to access, and not authorized to use, any Information on the Website, for any business purpose. All other rights are expressly reserved. For the avoidance of doubt, and including by way of example and not limitation, except to the extent necessary to make use of the Website, You are not authorized to use, and You specifically covenant that that You will not use, the Information on the Website to: (i) provide access to the Information to any third person, or to otherwise distribute, make available, transmit or otherwise disseminate the Information to anyone else or to use the Information on the Website; (ii) download any Information on this Website; (iii) sell the Information downloaded (or copied in another form) for money, exchange or other consideration; (iv) redistribute the Information for free to anyone; (v) make any more than one print copy of the Information for Your personal use; (vi) republish the Information; (vii) make any alterations, additions or other modifications to the Information.

No License to Trademarks. All trademarks, service marks, tradenames or other identifying marks displayed on the Website (the "Marks") are owned by Us and/or Our licensors. Except as applicable law may otherwise provide, or except as agreed to in writing by Us, We do not consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.

Access By Minors. The Website is not intended for minors, rather the Website is intended for adult users.We cannot prohibit minors from visiting this site. We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that We do not endorse any of the products or services listed at such websites.

Misuse of the Website. You violate these Terms of Use and engage in unauthorized use of Our computer systems when You make any use of the Website that is not in conformity to the limitations and permitted uses above, or that violate Our Acceptable Use Policy set out below, which is incorporated by reference.

Available Remedies. We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the Website; nor do We review, edit, censor or warrant the quality or accuracy of Information that You may acquire from the Website. You agree not to sue or make any claim of any kind against Us regarding Information posted or available on the Website. When We become aware of any incorrect Information, harmful activities or if We receive any claim from a third party, in Our sole and unfettered discretion We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Website or any other action We deem appropriate. We are required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. All remedies are non-exclusive. We are not responsible for (and You agree not to sue Us in respect of) Information. The sole and exclusive remedy for any claim against Us shall be for Us to repair, replace or remove erroneous or illegal Information.

Advertisements. To the extent Information on the Website includes advertising, promotions or other sales related data, We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You. We do not vouch for, review, validate, accept responsibility for or otherwise undertake any liability arising from, third party advertiser statements, products, services or other actions of third parties.

Disclaimers as to Information; Limitations of Liability.

WE AND OUR USERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION FOR ANY PURPOSE. THE WEBSITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND/OR THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT (OR REMOVE) THE INFORMATION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Linking; No Framing. We permit reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that We have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our Marks (though the wordmarks may be used if proper credit is provided on the page). Unless We have specifically agreed to do so in writing pursuant to a written agreement signed by Us, We do not consent to "framing" or displaying any of Our Information in connection with, inside of, in relation to, or otherwise as part of, any other website or other information provider. We reserve the right at any time to terminate this consent, and You agree that immediately upon receipt of such notice, You will terminate all links identified by Us to be terminated.

Electronic Communications. You agree to transact business with Us using electronic communications, either via web forms on the Website, or via email. Electronic communications will be deemed received by You when Your email system reports that any email We send You, has been received by Your system, regardless of whether You ever actually open or read such email. We may, but are not required, to use return receipt requests. Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic email. It is Your responsibility to maintain a valid email address, and We may terminate Your access to the Website at any time that We determine You are in violation of these Terms of Use, or fail to maintain a valid email address.

Direct Database Access prohibited. You may not directly access Our database except via the standard browser/graphic user interface, and You may not use any robot, script, or other automated tool to access or use the Website, any Information, or any data or the database. You may manually access or copy the database, Information or Website or any part of thereof, except solely and exclusively in accordance with Your license granted above. The above shall not prohibit any act permitted by law, as by, for example, a bona fide search engine that is automatically indexing the Website for its search engine database (as long as the result of a query to such search engine returns a link back to the Website), and the search engine is not re-presenting the Information in a manner that is or would be competitive to the Website, or using the Information to present in a search query response to a user, links to competing websites.

User Content Posted on the Website.

To the extent Trigger Agency permits submission of User Content, as defined below, to the Website, You are solely responsible for the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, images, advertisements, listings, and other content that You upload, publish or display on or through the Website, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Website that You did not create or that You do not have permission to post. You understand and agree that We may, but are not obligated to, review the Website and may delete or remove (without notice) any website content or User Content in Our sole discretion, for any reason or no reason, including User Content that in Our sole judgment violates these Terms of Use or the Acceptable Use Policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at Your sole cost and expense for creating backup copies and replacing any User Content You post or store on the Website or provide Us.

When You post User Content to the Website, You authorize and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove Your User Content from the Website at any time. If You choose to remove Your User Content, the license granted above will automatically expire, however You acknowledge that We may retain archived copies of Your User Content.

We do not assert any ownership over Your User Content; rather, as between Us and You, subject to the rights granted to Us in these Terms of Use, You retain full ownership of all of Your User Content and any intellectual property rights or other proprietary rights associated with Your User Content.

Copyright Complaints. We respect the intellectual property rights of others and We prohibit users from uploading, posting or otherwise transmitting on the Website or service any materials that violate another party's intellectual property rights. When We receive proper notification of alleged copyright infringement, We promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If You believe that any material on the Website infringes upon any copyright which You own or control, You may send a written notification of such infringement to Our Designated Agent at Trigger Agency, LLC: Greg Nivens, Trigger Agency, LLC, 3539 Clipper Mill Road, Baltimore, Maryland 21211; [email protected].

Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, users who are deemed to be repeat infringers. We may also at Our sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Termination. We may terminate delete any content or information that You have posted on the Website and/or prohibit You from using or accessing the Website (or any portion, aspect or feature of the Website) for any reason, or no reason, at any time in Our sole discretion, with or without notice.

Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

Indemnity. You agree to defend, indemnify, and hold harmless Us, Our affiliates, and Our respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to the Website, (ii) Your use of any of Our Information or Our Marks, (iii) Your use of the Website, (iv) Your conduct in connection with the Website or with other users of the Website, (v) Your breach of the terms of these Terms of Use, the Acceptable Use Policy, or the Privacy Policy, or (vi) Your violation of any applicable international, country, federal and state laws, rules and regulations.

Governing Law; Choice of Forum. These Terms of Use and Your use of the Website shall be governed and construed in accordance with the laws of the State of Maryland, exclusive of its conflicts of laws principles. You consent and submit to the sole and exclusive jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with these Terms of Use, by the state or federal courts of the State of Maryland.

Questions or comments regarding these Terms of Use should be directed to Us care of [email protected].